The St. Johns herald., 1887-11-24


 without recourse, expressly waiv ing any and all rights of action il may have tosrecover any''payments made by it, in accordance. with the terms and true intent of this order either now, or hereafter reserving to itself, however, at all <<times the right to test the payment of any and all future taxes upon either its personal property or real estate, ol both, should an assessment be made upon its property at higher rate of valuation than that of four thou sand dollars per mile, to be assess edsagainst. its personal property for each mile of it's railroad situate and beingss.in the county of Apache at the time of the assessment. And the said Board, of Supervisors do by.this order expressly declare and covenant, and agree to and with said Atlantic & Pacific Railroad Company that. during the term of office of the present members of said Board the total valuation for each year to be made and levied against all the property of said Company situate within said coun- ty of Apache at the time of such assessment, shall not exceed the said rate of valuation of $4 ,000 per mile, to be assessed against person al property for each mile of said company's railroad situated in the said county of Apache at the time of making such assessment, pro- viding said company shall, in each year, pay the taxes levied upon such valuation, within the time pre- scribed by law. And whereas they believe they have no power to bind by contract their successors in office they do hereby expressly declare it to be the sense of said Board at the present time, that no further and greater sum than $4,000 per mile should at any time, within the next five years, from and after the expi- ration of the term of office of the present. members of said Board, be assessed against the property of said Atlantic and Pacific Railroad Company in said Apache county"
 The, evidence further showed that the terms of office. of Supervisors, Martin and. Lopez, expired on the first Monday in January, 1885; but that the new Board of Supervisors of Apache county, which went into office on that day at their first meet ing. as a Board of Equalization in that year. reduced the valuation of plaintiffs property in said county to the said rate of $4,000 per mile, thus adopting and ratifying the comprOmise-contract made and en- tered into, in 1884, by their prede- cessors in office with the plaintiff through it's solicitor. There Was much ather evidence, showing the amount of business done, and amount of rolling stock used, in said county, etc.
 Plaintiff, in it's complaint and brief, raises several important and interesting questions-amongt them the question as the exemption of it's improvements, upon it's right of way, from taxation-the question of the situs of movable, tangible personal property, etc. but as these questions will be fully considered in the case of the Atlantic and Pa cific Railroad Company vs. Lesueur treasurer and ex-oficiO tax cOllec- tor of Apache county, and as this case will be determined by the force and effect to be given to the com promise contract between the par ties, 1t becomes unnecessary that they be discussed here. Before passing, it may be proper to ob- serve again that the Board of Su- pervisors of Apache county, who l went into office January 1st, 1885, l acting in accordance with the ex- press recommendation oftheirpred- l ecesSors in office and indeed with 1